S891119th CongressWALLET

Bipartisan Health Care Act

Sponsored By: Senator Ron Wyden

Introduced

Summary

PBM transparency and 100% rebate pass-through is the bill's center piece, forcing middlemen to disclose pricing and remit rebates while also expanding Medicaid/Medicare supports and public‑health investments.

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  • Families, caregivers, and home‑based care: creates Home and Community‑Based Services (HCBS) planning grants up to $5.0 million per grant for up to 10 States and appropriates $71.0 million for FY2025 with $50.0 million reserved for grants. States must report waiting lists and service‑level timeliness for key personal‑care services.
  • Seniors and Medicare enrollees: extends telehealth flexibilities through Dec 31, 2026 and Acute Hospital Care at Home through Dec 31, 2029. Adjusts Part D low‑income cost sharing toward $0 generics by 2027 and requires more accurate Medicare Advantage provider directories.
  • Pharmacies, PBMs, and plans: imposes machine‑readable, claim‑level PBM reporting, authorizes audits, and requires 100% pass‑through of rebates for new/renewed contracts beginning ~30 months after enactment. Provides implementation funding including $188.0 million to CMS and $20.0 million to HHS OIG for FY2025.

*Adds multiple targeted appropriations and ongoing program spending across Medicaid, Medicare, PBM oversight, and public health, increasing federal outlays in the near term.*

Bill Overview

Analyzed Economic Effects

47 provisions identified: 33 benefits, 2 costs, 12 mixed.

Medicare coverage for multi-cancer tests

If enacted, Medicare Part B would cover certain FDA-cleared multi-cancer early detection blood tests furnished on or after January 1, 2029. Tests must meet FDA criteria and the Secretary would use the national coverage process. Payment rules set transitional rates through 2031 and limit payments by age and timing (for 2029 the paid age limit is 65 and it rises by one year each following year; no payment for people under 50; no payment if you had the test in the past 11 months).

Big boost to public health preparedness

If enacted, the bill would strengthen national preparedness. It adds plans for diagnostics and replenishment, funds the Strategic National Stockpile ($1.1 billion for FY2025 and $1.21 billion for FY2026), increases CDC facility funding, and provides several billion to community health centers and teaching health centers over 2025–2029. An advisory council and task forces would guide action plans and coordination.

More funding for addiction and mental health

If enacted, the bill would sharply expand grant authority and training for substance use and related public health programs. It would authorize about $505.6 million per year for overdose detection and response grants (fiscal years 2025–2029), allow legal distribution of overdose test strips where lawful, extend training grant authorizations, and support residential treatment for pregnant and postpartum women with specified yearly authorization amounts.

Stronger public health preparedness funding

If enacted, the bill would boost and extend public health preparedness programs. It would authorize large, year-specific amounts for State medical stockpiles (about $3.4 billion for FY2025 and $3.265 billion for FY2026) and extend preparedness program funding and surveillance work through 2026. It would also allow new surveillance and prevention activities like expanded TBI data and mosquito control support.

Ban spread pricing in Medicaid

If enacted, State Medicaid contracts that cover outpatient drugs (for contracts starting 18 months after enactment) would have to use pass-through pricing: pay ingredient cost plus a dispensing fee and pass payments through to pharmacies. Administrative fees must reflect fair market value. Spread pricing would be disallowed for Federal matching claims and the agency must publish annual state-level information.

Medicaid access and program changes

If enacted, the bill would make several Medicaid and CHIP changes. It would let eligible people age 65 and older join certain Medicaid buy-in groups immediately on enactment. States would have to check the Death Master File at least quarterly starting January 1, 2026 and disenroll people listed as deceased (with automatic reenrollment if misidentified). States must regularly update reliable addresses and send HCBS waiting-list and service-timing data to CMS. Telehealth furnished by FQHCs and RHCs between April 1, 2025 and January 1, 2027 would be paid like other clinic services.

Big investments in pandemic preparedness

If enacted, the bill would boost research and preparedness funding for countermeasures, including up to $950 million for each of 2025 and 2026 and $735 million for preparedness in 2025–2026. It would add leaders to federal planning bodies, require better allocation plans, and extend certain voucher and staffing authorities. The bill would also bar some HHS funding for high‑risk pathogen research in specified 'countries of concern' through December 31, 2026.

Medicare payment boosts and sequester plan

If enacted, the bill would raise several Medicare payment authorities: add a higher APM incentive for 2027, increase a temporary physician fee schedule boost for part of 2025, and raise the Medicare Improvement Fund to $1.938 billion per year. At the same time, it sets a general Medicare payment reduction at 2.0 percent and specifies a FY2033 sequencing with two months at 2.0% and ten months at 0%. The changes affect Medicare payments to clinicians and the overall Medicare payment schedule.

Behavioral health and recovery grants

If enacted, the bill would expand and fund behavioral health programs. It would redesignate and enlarge the child traumatic stress initiative with multi-year funding from FY2025 through FY2029. Grants for treatment, recovery, and workforce supports would be reauthorized with higher funding and up to 5% allowed for transport or training. Applicants for opioid recovery centers must show referral or contract capacity. The bill would also fund peer support technical assistance and review State use of block-grant funds for early psychosis.

Fairer living organ donor pay rules

If enacted, grant recipients that reimburse living organ donors could not consider the organ recipient's income when deciding donor reimbursement. The bill would remove any expectation that recipients must pay donors and require annual reports starting in fiscal year 2026 on whether donors received full reimbursement and how much funding is needed.

Lower Medicare drug costs and coverage

If enacted, the bill would lower out-of-pocket caps for low-income Part D enrollees (e.g., $1 copays for many generics before 2027 and $0 for generics from 2027). It would extend certain oral antiviral coverage in Part D through December 31, 2025. It would also let Medicare cover some external infusion pumps and related drugs when the label requires professional administration and frequent infusions, starting in the first calendar quarter one year after enactment.

Medicaid residency and HCBS protections

If enacted, starting January 1, 2028, States would treat active duty relocated service members and their dependents as State residents for Medicaid unless they opt out. If a relocated person is on an HCBS waiting list, they would stay on it until the State completes assessment and any appeals. The rule aims to preserve Medicaid access and HCBS continuity for military families who move.

Medicare Advantage directory rules

If enacted, Medicare Advantage plans would have to keep provider directories accurate starting with plan year 2027. Plans must verify listings at least every 90 days, remove providers who leave within five business days, and limit enrollee cost-sharing if a directory error caused out-of-network charges. The Comptroller General would study implementation and report to Congress by January 15, 2032.

More cancer, dental, and pediatric funding

If enacted, the bill would raise funding for cancer screening, dental public-health work, pediatric drug studies, and diabetes programs. The breast and cervical cancer program would be authorized at $235.5 million per year for 2025–2029. Action for Dental Health would get $15 million per year and pediatric drug studies would get $25 million per year for specified years.

More maternal health research and support

If enacted, the bill would fund new maternal research and share best practices to reduce maternal deaths. It would authorize $100 million per year for maternal mortality prevention in 2025–2029. States would study maternity costs and the bill would provide $10 million in grants and $3 million for implementation to help small rural hospitals. The Secretary must start a study on preterm birth and report findings to Congress within 24 months.

More Medicare telehealth access

If enacted, the bill would extend several temporary Medicare telehealth flexibilities through late 2026 and postpone some in-person rules until 2027. Phone-only visits, expanded practitioner types, and relaxed geography rules would mostly be allowed through December 31, 2026. Telehealth would also remain allowed for certain hospice recertification and live video cardiopulmonary rehab in specified periods with some exceptions starting April 1, 2025.

Online suppliers for Medicare prevention

If enacted, the bill would let entities enroll as Medicare Diabetes Prevention Program suppliers that offer only online services from January 1, 2026 through December 31, 2030. Administrative addresses must match program records and claims may be submitted across state lines. There would be no limit on how many times someone may enroll during that period.

Stronger disability and senior crisis protections

If enacted, HHS would issue guidance to make crisis standards of care follow disability and age nondiscrimination laws within two years. The bill would also fund outreach and assistance to older Americans for a limited period and update certain advisory committees and task forces. These changes aim to protect people with disabilities and seniors during emergencies and expand program outreach.

More training and hiring paths for responders

If enacted, first responders would get broader training (not limited to opioids) and higher annual funding. Grants would fund reduced administrative burdens for health workers. Fellows who finish eligible programs could be noncompetitively converted into career federal jobs.

Keep HSA status when telehealth is free

If enacted, a plan would still count as a high‑deductible health plan for HSA eligibility even if it had no telehealth deductible for certain months and plan years listed in the bill. This preserves HSA tax benefits for affected enrollees.

ERISA safe harbor for missed remittances

If enacted, responsible ERISA plan fiduciaries could get a safe harbor when a covered service provider fails to remit required amounts, if the fiduciary reasonably believed remittance occurred, requests payment in writing, and notifies the Secretary if unpaid after 90 days. The safe harbor starts for plan years beginning 30 months after enactment.

Public health labs and preparedness

If enacted, the bill would fund and coordinate public health labs, surveillance, and preparedness. It would authorize regional biocontainment laboratories and wastewater surveillance grants for FY2025–2026, improve cybersecurity for the 9‑8‑8 mental health lifeline, require an FDA opioid assessment plan within a year, and direct a GAO study of wearable medical devices. The bill also authorizes technical assistance for at‑risk groups during declared public health emergencies.

More drug price and PBM transparency

If enacted, group health plans and PBMs would have to report detailed drug and claim data. Plans must report drugs with over $10,000 in plan spending (or the top 50 drugs). Reports would include PBM compensation, pharmacy payments, net prices after rebates, participant out‑of‑pocket costs, and therapeutic class spending. PBMs would also have to pass 100% of rebates and related payments to plans and remit quarterly.

More youth prevention and school grants

If enacted, grants would fund broader youth prevention in secondary schools and include education about synthetic opioids like fentanyl. Grants could go to local education consortia and must include sustainment plans. Appropriations rise from $10 million in FY2025 to $15 million in FY2029.

Cap on patents in biosimilar suits

If enacted, a reference biologic sponsor would generally be limited to asserting up to 20 patents in a suit against a biosimilar applicant. No more than 10 of those patents may have issued after a specified date. Courts can raise the limit for good cause. The rule applies to biosimilar applications filed after enactment.

Drug treatment funding and scheduling changes

If enacted, the bill would raise annual funding for SUD workforce loan repayment and community recovery grants for 2025–2029. It would also extend temporary scheduling for fentanyl‑related substances and lengthen the opioid scheduling review horizon. HHS and DOJ would review buprenorphine/naloxone scheduling and PDMP vendor rules would remain a State choice.

Medicare billing, audits, and studies

If enacted, the bill would add several Medicare billing and program integrity steps. Some durable medical equipment and laboratory items may face more prepayment review starting January 1, 2028. The HHS Inspector General would report on Part B lab fraud risks by January 1, 2026. CMS would get money to study Acute Hospital Care at Home. The Secretary would also educate providers on screening for medication-induced movement disorders and require notices and claim modifiers for home infusion and hospice telehealth encounters.

Delay juvenile justice Medicaid rule

If enacted, States would not be treated as failing to comply with juvenile justice screening, referral, and case management Medicaid/CHIP requirements before January 1, 2026. States must submit an interim work plan to HHS by June 30, 2025. The rule excludes people in Federal custody from those requirements and treats certain earlier amendments as effective December 29, 2022.

Medicare provider payments and rules

If enacted, the bill would extend the Hospital Care at Home pathway through December 31, 2029 and require related data and a study. It would delay some payment or index changes, extend ambulance and low-volume hospital add-ons, and change Medicare-Dependent Hospital dates. At the same time, Medicare payment for off-campus outpatient services would require separate site identifiers and provider attestations starting January 1, 2026.

FDA review and pediatric drug rules

If enacted, the bill would change FDA review and information rules for drugs. Generic applicants could ask FDA whether a proposed product has the same inactive ingredients and FDA would have to disclose differences. The bill would require FDA guidance on pediatric molecularly targeted cancer studies within set timelines, direct a GAO study of rare pediatric priority review vouchers within five years, and change when a priority review user fee is due for voucher use.

PBM reporting for employer plans

If enacted, PBM vendors for group health plans would have to give detailed reports to plans at least every six months, starting about 30 months after enactment. Reports would show per-drug prices, rebates, claim counts, and participant out-of-pocket totals. Employers and plans could use the data to change contracts and plan design.

Pediatric drug rules and vouchers

If enacted, the bill would change pediatric study rules, requiring molecularly targeted pediatric cancer investigations for some applications filed three years after enactment and adding reporting milestones. It would extend the rare pediatric disease priority review voucher program through September 30, 2029. It would also narrow orphan drug exclusivity to the same approved use or indication.

Pharmacy access and PBM rules

If enacted, Medicare plans and regulators would get new pharmacy access and PBM rules. The bill would require PBMs to report detailed drug- and revenue-level data starting for plan years beginning January 1, 2028. PBMs would generally be limited to bona fide service fees and must repay money kept unlawfully. Plans must allow qualifying pharmacies to join networks, and HHS would get funding to run these changes (including $113 million to CMS and $20 million to the HHS inspector general in FY2025 and $188 million to CMS for pharmacy access work in FY2025).

More respite help for unpaid caregivers

If enacted, the Lifespan Respite program would expand the definition of family caregiver to include unpaid individuals who are not adults and would be authorized for fiscal years 2025 through 2029. This could let more unpaid caregivers get respite supports.

New FASD supports and clearinghouse

If enacted, the bill would create or continue a federal program to prevent and treat fetal alcohol spectrum disorders (FASD). The government could fund a national clearinghouse for FASD resources, public education, screening expansion, and technical help. Family-to-Family information centers would also get increased funding through December 31, 2025.

New filing windows for COVID claims

If enacted, people injured by COVID‑19 countermeasures could file under a new 3‑year window (or within one year after enactment, if later). Previously denied claims for being late could be refiled, and officials must notify claimants so they can switch to the counterpart claim within one year of notice.

Pharmacies can deliver to prescribers

If enacted, the bill would let pharmacies deliver certain Schedule III, IV, or V drugs directly to the prescribing practitioner when those drugs are to be injected or implanted for maintenance or detoxification, or when a REMS requires post-use monitoring by a provider. This change takes effect upon enactment.

Sickle cell grants and treatment funding

If enacted, the bill would expand sickle cell program activities to focus on treatment and prevention of complications and authorize $8,205,000 each year for 2025 through 2029 for grants, contracts, or cooperative agreements to support those activities.

Telehealth guidance for limited English

If enacted, HHS would issue guidance within one year on telehealth best practices for people with limited English. The guidance would cover using interpreters in virtual visits, giving instructions and patient portals in multiple languages, and sharing prescription information in other languages.

Temporary 180-day FDA enforcement delay

If enacted, the bill would block certain FDA enforcement actions under PREA/505B for failures that occurred before the date 180 days after enactment. Enforcement would only apply to failures that occur on or after that 180‑day date. This gives regulated sponsors a transition window before certain penalties begin.

Guidance for at‑home drug disposal

If enacted, HHS and the DEA would publish guidance within one year on standards and instructions for at‑home safe drug disposal systems. The guidance would include best practices and education for manufacturers, providers, and consumers.

Quarterly checks to stop dead provider payments

If enacted, States would have to check the Death Master File at least every quarter when enrolling or revalidating health care providers starting January 1, 2027. The check is to stop enrollments and payments to deceased providers.

Study of new drug R&D funding models

If enacted, the Secretary would hire the National Academies within 90 days to study prize and other models that delink research costs from drug prices. The study must hold at least two public listening sessions and report within two years.

WTC Health Program funding rules

If enacted, the bill would set a formula for World Trade Center Health Program funding for fiscal years 2026 through 2040. Each year would equal the prior year's amount times 1.05 and an enrollment-ratio factor. The Secretary would also produce a budget assessment and a long-term projections report to Congress within three years.

Narrower vaccine injury remedies

If enacted, the bill would bar compensation under a specific vaccine-remedy section if the vaccine was on the Vaccine Injury Table when given. It would also require that a covered individual submit all supporting documents before being considered to have exhausted remedies under the cited process.

New transplant network registration fees

If enacted, the Secretary could charge members of the Organ Procurement and Transplantation Network a registration fee for each transplant candidate they add to the national list. The fees must fund OPTN operations and would expire three years after enactment. The government must publish collections and the Comptroller General must review the program within two years.

Pediatric study timing and penalties reporting

If enacted, new pediatric study rules (505B) would only apply to drug applications filed three years after enactment. The FDA would also have to report penalties, settlements, or payments for failures to meet pediatric study requirements, naming the drug, sponsor, and amount.

Sponsors & CoSponsors

Sponsor

Ron Wyden

OR • D

Cosponsors

  • Bernie Sanders

    VT • I

    Sponsored 3/6/2025

Roll Call Votes

No roll call votes available for this bill.

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